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AIBU?

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Original poster

Who should pay?

73 replies

Finelinebetweenchaos · 04/04/2017 09:58

Genuinely not sure what's fair here. This is the basic situation.

Neighbour A has a long garden with an evergreen hedge of conifers and yew trees down one side. Garden is on a slope so hedge at the top is about 3-4m tall and at the bottom is about 7-8m high. The conifers have been shaped and look nice. Yew which is taller is a bit sprouty as it hasn't been cut for several years (it's really high and hard to cut).

Neighbour B's garden backs on to the side of A's garden. B has a small garden (approx 9m long) which is further down the slope so the hedge looks even taller (it's higher than the roof of B's house).

B would like A to significantly trim the hedge. A has said yes but only the yew and only by 1-2m and only if B pays for it.

B feels that in some ways it's fair for B to pay as they are the ones who want it cut BUT it is A's hedge and the reason it is so unruly is because it hasn't been maintained.

Neither neighbours want to go to the council because of the stress etc and this would cost money (£400) anyway (if they did, the likelihood is that the entire hedge would have to be significantly reduced but no one wants it to be acrimonious. Currently thinks are friendly.

What do you think!?

OP posts:
Viviennemary · 04/04/2017 12:06

Strictly speaking the person who owns the hedge is the one responsible for either cutting it down themsleves or paying for it to be cut. But unless it prevents a significant amount of light the neighbours can't force it to be cut down and even then it can be a costly procedure if it goes to court. The best solution is for them to pay half each. Get a cheaper quote.

NeedABumChange · 04/04/2017 12:13

Where's the diagram?

Miniwookie · 04/04/2017 12:23

B should pay. A is happy with the trees as they are. Why should A pay for something that is only of benefit to B.

tabbymog · 04/04/2017 12:31

Can I stir this pot a bit? What's the difference between a hedge of laurel, yew, leylandii or anything else, and a row of trees of the same? My beef was with laurel in a garden I had, a little hedge grows into ginormous trees almost before you can blink. What's the difference, if any?

RebootYourEngine · 04/04/2017 12:36

Do you have a photo of the trees and how intrusive they are to you?

AlmaMartyr · 04/04/2017 12:37

I also think £750 sounds an awful lot based on what you've said and I have to occasionally hire people to maintain trees for work. I'd definitely look around for more quotes. Otherwise, I think A should be more accommodating about maintenance but if they don't want to and B does, then it is B's responsibility. My neighbour has two large shrubs that block out light from garden. I routinely trim what's on my side and get permission from him to lop them down a bit. It's annoying having to maintain his garden but it only benefits me so I just get on with it.

ThroughThickAndThin01 · 04/04/2017 12:39

I think B should pay.

But if I were you after that I'd try and get them to agree to keep it short otherwise this will be an annual commitment for you.

Cacofonix · 04/04/2017 12:42

Yes £750 is extortionate - get another quote!. We had a whole lime tree which was enormous and old removed plus other smaller yew trees etc shaped and loads of stumps ground out for a fraction over that price. A rough rule of thumb is around £450 to remove an very large tree. And we are in London and used a proper qualified tree surgeon. So point 1 - get another quote and point 2, if you want it trimmed and they don't you have to suck up the cost IMO.

dangermouseisace · 04/04/2017 12:42

It is A's duty to maintain the hedge. If it's over 2 metres high and is obstructing light (I'm assuming this is an issue) then they should reduce it. I don't think you should be paying at all OP.

From what you've written it sounds like your neighbour is being unreasonable- they are not taking into account the effect their hedge is having on your property/garden…are not allowing you to reduce the hedge as much as you'd like AND asking you to pay for it. In my mind, they are taking the piss.

I'd try talking to them again and if they do not agree to significantly reduce the hedge- not the paltry offer they have given you- I would go to the council. That way neighbour would be likely to have an order put in place to maintain the hedge at an appropriate height, and it will probably be worth spending the money on. If you pay to reduce hedge at the moment, essentially you are going to have to spend the same money again every couple of years doing so. Cutting high hedges is expensive- my folks leylandii (ugh) cost £450 to trim and their hedge must only be 7 metres long.

EllaHen · 04/04/2017 12:42

Interesting responses. My neighbour asked me about trimming back some of my trees and I just paid a guy to do it. Straight away.

AromatAddict · 04/04/2017 12:45

I've just had a bloke do a load of work for us in the garden for £100. He had a petrol lopper and removed an immense amount of Leylandii and took away the crap.

TheWhiteRoseOfYork · 04/04/2017 12:49

If you go to the council then bare in mind that they won't automatically find in your favour, your neighbour would have the right to put their point of view across and the council might agree that the tree is ok. It is not like you pay the £400 and the council will tell the neighbour to do whatever you want because you are paying.

Some trees would not survive being reduced too much in one go. Maybe this is where your neighbour is coming from. He is offering a compromise which means you get some height reduction but it does not kill the tree.

GreyBird84 · 04/04/2017 12:49

I think that whilst it's amicable I would go to council so everything is done officially & nothing can be re-negged on.

scottishdiem · 04/04/2017 12:51

I think there does need to be the threat of a council intervention as otherwise this will keep happening and will never really be resolved. If the light is be obstructed then the neighbour does have a duty to deal with it so it's in their interests to avoid that and having to pay for that.

parentaladvice · 04/04/2017 12:51

Who has qualities you £750 for the work, get on a Facebook selling page and ask on there, there will be loads of local business offering their services for cheaper.

JaneEyre70 · 04/04/2017 12:55

If things are friendly, then I'd get them to stand in your garden and see the impact of their hedge on your garden.
If it's taller than your house, then for safety reasons I'd want that level significantly lowered. I would offer to pay for it on the condition that it is brought down to a manageable level and that from then onwards, they keep on top of it once a year?
We shared a boundary hedge with our ndn until last year when we cracked and paid ££££s for a fence to be put up front and back gardens. It was their boundary to maintain but it was that or DH going inside for manslaughter. We would never ever buy a house that has a boundary hedge again. Once you fall out over it, there is never any going back.

If all else fails, isn't there the copper nail trick Grin.

parentaladvice · 04/04/2017 12:55

Planning permission may not be able to do anything, depend on how long you have lived in the property and how old the tree is if the tree is less than 20 years old... then it's a can of worms and will require legal action.

The Rights of Light Act 1959 states that if a property has received daylight for the last 20 years (the minimum prescribed period, which may rule out your tree), you may be entitled to continue to receive that light. Again speak to your local planning department about this.

Allthebestnamesareused · 04/04/2017 12:58

B is allowed in law to cut overhanging branches (ie. that overhangs her property) provided she offers the branches cut to A. If A doesn't want them then B disposes/pays to dispose of them.

Otherwise A does not have to maintain the tree other than within the context of not causing nuisance - see www.gov.uk/how-to-resolve-neighbour-disputes/high-hedges-trees-and-boundaries

Olympiathequeen · 04/04/2017 13:06

Ridiculous to say the owner of the hedge should not be responsible for paying for their property (the hedge) to be maintained at a legal height, which it is far in excess of at the moment. Confused. Like saying my neighbour should have my car resprayed a different colour because he doesn't like it!

Here is all the legal stuff. Basically say he has to cut it to 2 m. Print it out and send it to him. We are having a similar issue with bloody bamboo which keeps shooting up on our side of the fence!

www.gov.uk/government/uploads/system/uploads/attachment_data/file/9408/hedgeheight.pdf

Mrdarcyfanclub · 04/04/2017 13:10

I think your neighbours are being really unreasonable. Two metres high is more than enough to preserve privacy. If it's their hedge, they really should be maintaining it, so that at the very least it looks tidy. With a nine metre garden, a high hedge would really affect your light and I should imagine feels quite claustrophobic. I'd certainly ask the planning people to come and look at the hedge. Do you know how long it's been there? Obviously try and agree it amicably as planning disputes can cost £££££s. What's their argument about not paying/only cutting down a small amount?

hamandmustard · 04/04/2017 13:11

You need to check if there are tree preservation orders. Are you in a conservation area (you need permission to remove leylandi here if they are over 16cms on widest part of trunk).

I know that you don't want to remove them outright but here if you aggressively cut them back you risk prosecution if they think the intention was to kill them and so bypass the preservation orders/conservation area.

BestZebbie · 04/04/2017 13:17

I presume that the problem here is the slope - the hedge is taller than your house because it is uphill of you, as well as being very tall?

If the hedge is cut significantly, would your upper windows become visible from the neighbour's house, making them newly overlooked? would they merely be able to see your roof where they couldn't before, 'spoiling their view'?
If the hedge is a lot further downhill than your neighbours house, they may not even be able to see most of it, so if you cut it down to a normal hedge height it would feel to them as if you have removed it completely.

sadsquid · 04/04/2017 13:23

That quote sounds insanely high to me - we had about six conifers chopped down for less.

TheWhiteRoseOfYork · 04/04/2017 13:23

Why would it be a planning issue at this stage? I think the Planning Inspectorate can get involved as a last resort if you have complained to the council under the High Hedges Act and you want to appeal their decision. If you involve the council they will want to see evidence that you have tried to resolve the issue yourself first. Your neighbour allowing you do reduce the height might be seen as a reasonable compromise by the council.

worridmum · 04/04/2017 13:24

You do know trees dont have to be kept at 2 meters tall right? a tree does not make a hedge but for some reason people think they are interchangable (some cases trees can be considered a hedge special lenydii but these are exceptions).

most trees would in fact die if you cut lots of them at once espically native speices like oak etc

But if you want them cut back you should be paying for them, as it will be you reaping the benifet of them not your neibour